Indiana Court Decisions — March 13-27, 2019
Read Indiana appellate court opinions for the most recent reporting period.
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Canadian man facing drug charges seeks passport’s return
A Canadian man who allegedly had 127 pounds of cocaine hidden inside his vehicle wants northwestern Indiana authorities to return his passport. A Porter County judge ordered Hobart police Monday to return all of Denis Mesumb’s belongings, except for his Canadian passport, and set a Wednesday hearing to consider its release.
Princeton officer faces misconduct charge after drugs allegedly tossed
Authorities say a southwestern Indiana police officer allowed a drug trafficking suspect to discard a bag of heroin before being taken to a police station. Illinois State Police say 28-year-old Princeton Officer Brandt George is free on bond after being charged with official misconduct.
7th Circuit case highlights confusion over online home value ‘Zestimates’
The 7th Circuit both rejected proposed class action lawsuit against the website Zillow, but Realtors and real estate attorneys still have concerns about whether its “Zestimates” are unnecessarily misleading. Zillow, however, insists its estimation practices are transparent and legal, thus making their home valuations a beneficial tool for buyers and sellers.
IU profs contribute to ruling upholding short-term rental regulation
With the help of an amicus brief from several professors — including two from the Indiana University Kelley School of Business — Santa Monica, California successfully urged the 9th Circuit Court of Appeals to uphold its local regulation of short-term rental properties offered through websites such as Airbnb.
Web Exclusive: Federal judiciary tightens sex harassment rules
The way the federal court system addresses sexual harassment complaints should be clearer and fairer moving forward now that the federal judiciary has made clarifying amendments to its workplace conduct rules.
Juvenile waiver bill stirs controversy at Statehouse
A proposal that would send children as young as 12 to adult court on attempted murder charges sailed through one house of the Indiana General Assembly before meeting resistance — including from a bill sponsor.
AG Hill’s attorney discipline case raises new questions
The disciplinary complaint against Hill raises new questions about the disciplinary process itself, including who can preside over the proceedings and what would happen if the state’s chief legal officer loses his law license, even temporarily. But those questions aside, ethics attorneys say Hill’s status as a prominent elected official shouldn’t have any bearing on the nuts and bolts of the discipline process.
CHINS adjudication reversed for mom who tested clean
A mother whose kids were found to be children in need of services despite her successful efforts to stay sober and get the help she needed found favor with an appellate panel Monday, who reversed the CHINS adjudication on the basis of insufficient evidence.
Disciplinary Commission: AG Hill claiming he is above ethics rules
The Indiana Supreme Court Disciplinary Commission has accused Attorney General Curtis Hill of seeking special treatment in the disciplinary proceedings brought against him, arguing in court filings that Hill’s case must go before a hearing panel to protect the public interest.
Judge lets South Bend abortion clinic challenge proceed
National healthcare and abortion providers seeking to open an abortion clinic in northern Indiana received a ruling in their favor last week when a federal judge denied the state’s motion to dismiss a complaint challenging the constitutionality of Indiana abortion clinic licensing regulations.
COA takes criminal recklessness case to Munster H.S.
Questions of whether certain witnesses should have been excused from testifying in a criminal recklessness case for violating a separation of witnesses orders will be considered by a traveling appellate panel Thursday at Munster High School.
U.S. Supreme Court nixes anti-abortion group’s appeal over videos
The Supreme Court of the United States rejected an appeal from an anti-abortion group whose members surreptitiously recorded Planned Parenthood employees.
Democrats to prepare subpoenas for full Mueller report
The House Judiciary Committee will prepare subpoenas this week seeking special counsel Robert Mueller’s full Russia report as the Justice Department appears likely to miss an April 2 deadline set by Democrats for the report’s release.
Police: 75-year-old Gary man says gay slur led to fatal stabbing
A 75-year-old man who described himself as a retired drag queen told authorities he fatally stabbed a 64-year-old man who allegedly used a gay slur during a dispute. Police responded Tuesday night to an apartment building in Gary and found Carlos Johnson, who had multiple stab wounds.
Ex-Goodwill worker gets prison for recording bathroom videos at Fishers store
A former Goodwill employee has been sentenced to 12 years in prison for secretly recording bathroom videos of workers at a suburban Indianapolis store. Ritchie Hodges was given his punishment Thursday.
COA rejects argument that children adopted by unmarried uncle were ‘born out of wedlock’
The grandparents of two children adopted by their unmarried uncle do not have standing to seek visitation, the Indiana Court of Appeals wrote Friday in an opinion rejecting the argument that the children were “born out of wedlock.”
‘Pursuit of happiness’ marijuana case seeks Hoosier justices’ consideration
A case dealing with a man’s constitutional right to the pursuit of happiness in the form of a marijuana blunt is possibly headed to the state's highest court now that a petition to transfer has been filed.
COA: Statute of limitations for AG to act on SBOA report begins when verified report is filed
Claims made by the Indiana Attorney General’s Office against a former Jennings County bookkeeper accrued upon the office’s receipt of a final investigation report, not a preliminary report, the Indiana Court of Appeals affirmed Friday in a case of first impression.
Supreme Court won’t stop enforcement of bump stock ban
The Supreme Court on Thursday declined to stop the Trump administration from enforcing its ban on bump stock devices, which allow semi-automatic weapons to fire like machine guns. The ban took effect Tuesday.